Skip to main content

I sent a Priority Mail flat rate envelope form my office in New York City, to my home near Albany New York.and it never arrived.

Catskill, NY |
Filed under: Administrative law

I sent an Priority Mail Flat Rate Envelope from my office in New York CIty, to my home near Albany, New York and it never arrived. The envelope contained many unopened letters, bills, an American Express card, bank and brokerage account statements. And even Legal documents such as a summons all that I packed into the Priority Mail envelope and sent to myself so I didn't have to travel with these items without a briefcase, or backpack it was jsut to much, and too important. Unfortunetly, the Post Office has provided NO explanation where the envelope is, and basically blames me for not insuring the envelope.
What can I do? Is the Post Office "above the law" I paid for the item, it was never delivered, at mnimum I should get my money back.. I did file a chargeback with my credit card issuer..

Attorney Answers 2

Posted

Did you pay the 70 cents for delivery confirmation. If not, there is not way to track the shipping and you are out of luck without recourse.

Mark as helpful

1 lawyer agrees

2 comments

Asker

Posted

No unfortunately not... It's still strange, ( to say the least) that this item got lost. I have never had my mail lost before. And, from a legal standpoint... why should the Post Office not be liable for their negligence like any other company?

Brian S Wayson

Brian S Wayson

Posted

You would have difficulties proving negligence without proof of mailing, verification of contents, etc.

Posted

If documents are truly important, you can get a certificate of mail, or send it certified, or send it by overnight, such that you will have a tracking number. Instead, your argument here is, "I mailed it. I really really did. And it never arrived. It really really didn't.

End of story.

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.

Mark as helpful

4 comments

Asker

Posted

yup, pretty much. It doesn't mean that this is ethical, by any stretch of the imagination. Period END OF STORY. The matter is being Investigated by the US Postal Inspector Generals Office, and I'm sure this will lead somewhere.... Thanks for .......

Asker

Posted

I try to keep LUCK out of business. LUCK is for........ Truthfully it's the Postal Service that needs your LUCK in this instance. Catch MY drift.

Michael S. Haber

Michael S. Haber

Posted

I actually don't catch your drift.

Asker

Posted

losing a person's mail, is in ANY instance the US Postal Services fault. Failure to deliver, or to prevent delivery of Mail under ANY circumstance, is a FELONY. MY DRIFT you don't catch is every person who handled this package from New York City, to my home near Albany is being Investigated.. The flip side of your dialogue. " I mailed it I really did... Is the Postal Services. I delivered it I really did... I can go back and forth with you all day." Maybe I can't prove it wasn't delivered, but they can't prove it was END OF STORY. So.. as easily as you dismiss my IDENTITY THEFT case. I defend the facts of the matter, and the seriousness of the offense. Which as FELONIES, there is no exception, no excuse. And, finally, The Postal Service IS BANKRUPT they operate on a deficit, and are doomed to fail. THAT IS A FACT. They can get on their knees and BEG Congress for more money. But IT'S A FACT - THEY ARE DOOMED TO FAIL. PERIOD .. END OF STORY. and the level of service they provide just further exemplifies what a serious waste of time and money it is to employ and maintain such a useless entity. So next time you pay your credit card bill, or your mortgage, I suggest you send it certified, or use FedEx.... because if YOU mailed it you really really did. NO ONE CARES... and the same applies to you. NOW DO YOU CATCH MY DRIFT. Sec. 1702. Obstruction of correspondence -STATUTE- Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with design to obstruct the correspondence, or to pry into the business or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be fined under this title or imprisoned not more than five years, or both. Sec. 1703. Delay or destruction of mail or newspapers -STATUTE- (a) Whoever, being a Postal Service officer or employee, unlawfully secretes, destroys, detains, delays, or opens any letter, postal card, package, bag, or mail entrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or the Postal Service, shall be fined under this title or imprisoned not more than five years, or both. (b) Whoever, being a Postal Service officer or employee, improperly detains, delays, or destroys any newspaper, or permits any other person to detain, delay, or destroy the same, or opens, or permits any other person to open, any mail or package of newspapers not directed to the office where he is employed; or Whoever, without authority, opens, or destroys any mail or package of newspapers not directed to him, shall be fined under this title or imprisoned not more than one year, or both. Sec. 1709. Theft of mail matter by officer or employee -STATUTE- Whoever, being a Postal Service officer or employee, embezzles any letter, postal card, package, bag, or mail, or any article or thing contained therein entrusted to him or which comes into his possession intended to be conveyed by mail, or carried or delivered by any carrier, messenger, agent, or other person employed in any department of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or of the Postal Service; or steals, abstracts, or removes from any such letter, package, bag, or mail, any article or thing contained therein, shall be fined under this title or imprisoned not more than five years, or both.

Administrative law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics